Named to "Writer's Digest 101 Best Websites," this blog is a way to connect with my readers and fellow writers, a way to give the teaching genes that populate my DNA free rein. I fervently hope it will also be a forum for the exchange of ideas. Please feel free to send me your own questions on all things publishing and don't forget your editing questions. For those interested in editing and grammar, go to www.thefrugaleditor.blogspot.com.

Wednesday, June 20, 2012

Staying Out Of Hot Water While Improving Your Craft

Valerie Allen is a writer who does much for other writers, including guest posts like this one. Details in writing, rather than the general, is so important. Having said that, we both suggest that you take your concerns about trademarks and other legal issues to a copyright attorney.

Facts in Fiction

By

Valerie Allen

All fiction is not fictitious. To write good fiction, you
must get your facts right and add interesting details to lure your reader
further into your story. Below are some of the most common questions about
facts in fiction, and although this is not legal advice, it is common
information within the publishing industry. When in doubt, it may be best to
check with a lawyer with specific questions.

Names of Real People

Can you use the names of real people? The answer is of
course, yes and no. Yes, if it is a public figure with a known and accepted
reputation. This would include: Jesus Christ, Abraham Lincoln, Martin Luther
King, Jr., Bill Gates, Princess Diana, Mother Theresa, and similar persons living
or dead. The answer is no, if it is your mother, brother, neighbor, coworker,
or classmate. You can reference the names of those in public office,
entertainment, and sports. Still, you must be cautious. Just because a person
is well known, doesn’t mean it is open season to use his or her name.

Names of Places

Again, if it is well known or a generic place, you are
probably safe to use the exact name. Such places as Las Vegas, New York
City, Disney World, The Rocky Mountains, and so on. Be careful of using
trademarked or copyrighted names.

If the place named is specific or you are using it in a
negative sense, better to create an entirely different name. For example, you
may use Miami in
your murder mystery, depicting it as a high crime city. However, the citizens,
Chamber of Commerce, local and state governing bodies may take offense. They
may discourage readership with boycotts, ban or limit it from their libraries,
protest to the publisher, or bring a lawsuit. Likewise, do not use the name of
your hometown if it has a population under 50,000. The people in small towns
may claim your story is libelous, your fictionalized characters are too similar
to real people, and your plot too close to reality in a small town. Create a
new name for your small town, perhaps, Pintsville.

Names of Companies or Agencies

If you are going to write a story about insider trading, do
not use the name of a real financial planning firm. If you are going to write
about deliberate medical malpractice, do not use the name a real hospital,
medical company, or physician.

If you create a new name, be sure it is significantly
different from the original. The words, spelling, and phonics must not be
confused with the actual name. For example, do not use American Air Lines,
America Air Line, or American Aero Lines. Do not use Raymond James Stadium, Ray
James Stadium, R. James Stadium, or Raymond James Sports Arena.

There are specific names, which are so common they have
become generic, and are usually safe to use. For example, there are likely
hundreds of George Washington High Schools throughout the United States.
The same is true of Main Street,
RiverfrontPark, the First Christian Fellowship,
and The National Bank.

Names of things

Careful here. Most objects are trademarked and/or have
copyrights. You are safe to use a general descriptor instead of the brand name.
Here are some common items we know by brand
name, but should describe as follows: cotton ear swabs, facial tissue, inline
skates, copy machine, an American made motor cycle, and cola soft drinks. When
writing fiction, you can use the actual name, but must identify it as the brand
name by capitalizing it, such as, Kleenex, Xerox, Harley Davidson, Coke, and so
on.

Check your Facts

When including directions, landmarks, distance or time check
for accuracy. New Hampshire
is West of Maine and East of Vermont. Palm
Beach is about 50 miles north of Ft.Lauderdale.
Disney World and DisneyLand are two different
places, in two different states.

Use exact street names or specific places to add interest to
your writing. When your characters are traveling to and from locations, some
things you could include are a landmark, waterway, annual festival, or product
that might draw their attention or create a plot point.

Facts in fiction can add intrigue, enrich the scene, move
the story forward, and/or reveal character. A geographic location or topography
can ease or complicate the story line. Research is done quickly and easily via
computer.Find details that are correct
and will add richness to your writing—without getting you into a legal dispute.

~Valerie Allen, psychologist and author, has published
novels, short stories, and mid-grade children’s books. She teaches writing
workshops using her book, Write, Publish,
Sell!Quick, Easy, Inexpensive Ideas
for the Marketing Challenged. She also sponsors two book fairs each year in
Brevard County, Florida. Her self-help book, Beyond the Inkblots: Confusion to Harmony is
pending publication. Valerie is founder of Authors for Authors, and is member
of the Space Coast Writers’ Guild and the National League of American PEN
Woman. Valerie can be reached at www.ValerieAllenWriter.comor VAllenWriter@cs.com.
You can follow her atwww.Facebook.com/Valerie.Allen.520

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About Me

Carolyn Howard-Johnson's first novel, This Is the Place, won eight awards. Her second book, Harkening: A Collection of Stories Remembered, creative nonfiction, won three. Her chapbook of poetry Tracings, was named to the Compulsive Reader's Ten Best Reads list and was given the Military Writers' Society of America's Silver Award of Excellence. An instructor for UCLA Extension's world-renown Writers' Program, her book The Frugal Book Promoter: How to Do What Your Publisher Won't is recommended reading for her classes, and was named USA Book News' "Best Professional Book 2004." It is also an Irwin Award winner. Her second book in the How To Do It Frugally series is The Frugal Editor: Put Your Best Book Forward to Avoid Humiliation and Ensure Success is also a USA Book News award-winner as well as the winner of the Reader View's Literary Award in the publishing category. She is the recipient of both the California Legislature's Woman of the Year in Arts and Entertainment Award and the Glendale American Business Women's Association's Woman of the Year award. Her community's Character and Ethics Committee honored her for promoting tolerance with her writing. She was also named to Pasadena Weekly's list of 14 "San Gabriel Valley women who make life happen." She is a popular speaker and actor. Her website is www.HowToDoItFrugally.com.